RICKY LAMAR SNELL, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-06-08
No. 4D04-1129
MAY, J. and DAMOORGIAN, DORIAN, Associate Judge, concur.
902 So. 2d 957 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 4 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Snell's original sentence was a true split sentence with a suspended prison term followed by probation. When his probation was revoked and he received a new sentence exceeding the original suspended portion, the court reversed, holding that new incarceration upon probation revocation cannot exceed the remaining balance of the suspended portion of the original sentence.


Holding

The court held that when an original sentence is a true split sentence, any new incarceration imposed upon probation revocation cannot exceed the remaining balance of the suspended incarceration portion of the original sentence, less credit for time served. The aggregate components of sentences imposed when probation is revoked cannot exceed the original suspended sentence of incarceration.


Headnotes

[1] A true split sentence consists of a total period of confinement with a portion of the confinement suspended and the defendant placed on probation for that suspended porti…

[2] When an original sentence is a true split sentence, new incarceration imposed upon revocation of probation cannot exceed the remaining balance of the withheld or suspende…

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Key Quotes

“the sentencing judgment in no instance may order new incarceration that [exceeds] the remaining balance of the withheld or suspended portion of the original sentence”

Establishes the core rule that probation revocation sentences cannot exceed the original suspended portion

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Facts & Procedural History

Snell received an original true split sentence of one year and one day suspended, followed by two years of probation. When probation was revoked sever…

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Opinion of the Court
STONE, J.

STONE, J.

We reverse the sentence imposed upon revocation of Snell’s probation.

Snell’s original sentence was a “true” split sentence. It provided:

It is The Sentence Of The Court that

The defendant is hereby committed to the custody of the Department of Corrections.

To Be Imprisoned

Said SENTENCE SUSPENDED for a period of 1 YEAR 1 DAY subject to conditions set forth in this order. * * *

Followed by a period of Probation/2 YEARS under the supervision of the Department of Corrections according to the terms and conditions of supervision set forth in a separate order entered herein.

The contemporaneous probation order stated: “the imposition of sentence is withheld, and that you are placed on probation for a period of two years.... It is hereby ordered and adjudged that you are committed to the Department of Corrections for a term of one year and one day suspended upon successful completion of 2 years probation.” Snell was also given seven days credit for time served.

Several months later, the trial court revoked Snell’s probation and committed him to county jail for 100 days with credit for eighty-three days time served followed by two years probation.

A series of subsequent violations occurred, culminating in the sentence under appeal, in which the trial court revoked Snell’s probation and sentenced him to serve “the minimum sentence I feel I’m obligated to give you under the guidelines, a forty-two, forty point two months in the Department of Corrections.” Snell received 134 days credit for time served.

Poore v. State, 531 So. 2d 161, 164 (Fla.1988), describes five sentencing alternatives in Florida:

(1) a period of confinement; (2) a “true split sentence” consisting of a total period of confinement with a portion of the confinement period suspended and the defendant placed on probation for that suspended portion; (3) a “probationary split sentence” consisting of a period of confinement, none of which is suspended, followed by a period of probation; (4) a Villery [v. Florida Parole and Probation Commission, 396 So. 2d 1107 (Fla. 1980) ] sentence, consisting of period of probation preceded by a period of confinement imposed as a special condition; and (5) straight probation.

When an original sentence is a true split sentence, “the sentencing judgment in no instance may order new incarceration that exceeds the remaining balance of the withheld or suspended portion of the original sentence.” Id.

In State v. Powell, 703 So. 2d 444, 446 (Fla.1997), the supreme court recognized that the list in Poore “merely sum-marizefed] the complex statutory sentencing options available at that time” and held that a true split sentence could, as in this case, suspend the entire period of incarceration. Florida courts have also recognized that it is possible to structure a true split sentence with a longer supervision period than suspended incarceration term. Chupka v. State, 775 So. 2d 315 (Fla. 2d DCA 2000). “The class of true split sentences has now been expanded to include sentences in which the entire in-carcerative term is suspended, and sentences in which the probationary term is longer than the suspended jail term.” Evans v. State, 730 So. 2d 768 (Fla. 1st DCA 1999). See also Liles v. State, 837 So. 2d 1151 (Fla. 1st DCA 2003) (holding that a sentence structured with three years incarceration (suspended) and eight years of sex offender probation was a true split sentence). Essentially, these cases recognize that imposing a suspending sentence followed by probation restricts the penalty options available upon violation.

A sentencing judge may not order new incarceration that exceeds any remaining balance of the suspended incarceration portion of the original sentence, less credit for time served. See Poore; Powell. The aggregate components of a sentence, or sentences imposed when probation is revoked in a true split sentence, cannot exceed the original suspended sentence of incarceration, less time served.

We also reject the state’s contention that, here, the split sentence evaporated upon the earlier modification of the sentence.

As the record, by our calculations, reflects that Snell has been in custody for more than a year, we direct that, upon remand, Snell be immediately discharged.

MAY, J. and DAMOORGIAN, DORIAN, Associate Judge, concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Shenfeld v. State, 14 So. 3d 1021 (Fla. 4th DCA 2009)
    …recognized that a trial court may impose a true split sentence in which the entire period of incarceration is suspended provided there is a valid reason for a downward departure. State v. Powell, 703 So. 2d 444, 445 (1997); see also Snell v. State, 902 So. 2d 957, 959 (Fla. 4th DCA 2005). When revoking the probation of a defendant who has received a true split sentence, “[a] sentencing judge may not order new incarceration that exceeds any remaining balance of the suspended incarceration portion of the origi…
  • Ferrell v. Al Lamberti, 987 So. 2d 771 (Fla. 4th DCA 2008)
    …2002). When a defendant violates probation after being sentenced to a true split sentence, the judge may not order new incarceration exceeding the remaining balance of the withheld or suspended portion of the original sentence. Id.; Snell v. State, 902 So. 2d 957 (Fla. 4th DCA2005).1 We grant the petition to the extent that we direct the trial court to correct Defendant’s March 2004 sentence forthwith, and then reconsider his entitlement to pretrial release on his pending charges. Granted in part with inst…

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